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(영문) 부산지방법원 동부지원 2016.09.28 2016고정794

횡령

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 16, 2015, the Defendant embezzled the down payment and down payment of Dart Construction Work, at the construction site of a house located in Seo-gu Busan, Busan, and upon request of the victim C to introduce and request the construction business operator of Dart (in the outside finishing construction method taking into account the interior interior, etc.) and paid the down payment of KRW 3 million to the said construction business operator when the said construction business operator is determined.

While the Defendant was in custody of the down payment for the victim by transferring it to his own passbook, he withdrawn cash around that time and embezzled it by voluntarily consuming it for personal use, such as living expenses.

2. On May 18, 2015, the Defendant embezzled the down payment of the former construction contract to the said construction business operator upon the request of the victimized person to introduce and request an electrical construction business operator at the same place as that of paragraph (1). If the said construction business operator is determined, the Defendant paid one million won of the down payment to the said construction business operator.

The defendant, who received and stored the down payment in cash for the victim, voluntarily consumed 50,000 won among them for personal purposes, such as living expenses, etc. at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the statement protocol to C

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;